Jump to content

Zimbird

Registered Users

Change your profile picture
  • Posts

    184
  • Joined

  • Last visited

Everything posted by Zimbird

  1. I would be very surprised if they tried to sue the driver now! The main point against me what’s that VCS and Bristol Airport had a legal signed contract - that’s where my defence fell down - without that maybe i would have stood a chance.
  2. Thank you FTM Dave - excellent! Am all prepared and about to start. judge started the proceedings saying that she was satisfied that VCS had a contract with Bristol Airport as shown in their evidence. Also reiterated that the airport is well signed posted and said 10 minute grace period was not applicable because we were not in a car park. She was most sympathetic but could not find any legal mitigating circumstances ie. Accident on the road, stopping to assist someone, etc etc. Sadly the roads were well signed and two red lines indicating no stopping, even for 37 seconds! She ruled against me but she waived the hearing fee as we had evidence of trying to settle with VCS in August last year - and she was annoyed that they had not responded to my email offering to settle for £257. As a result she would not allow them to appeal for any further expenses or interest - i have been ordered to pay £100 charge, £25 issue fee, and £50 fixed cost ie. £175 in total she ordered ELMS legal to give me payment details via email by 4pm on Monday as an absolute deadline. I know i did not win but Judge Chappell was understanding and very compassionate towards me. I know she tried everything to find a way to rule in my favour but had to at the end stay by the letter of the law.
  3. Hi everyone - D DAY is upon us - the court have changed the timings to 12 midday UK time. I have typed up these points to summarise if i am asked to - if anyone wants to re type and or omit please do so. My last word is that i can’t tell u how much i appreciate everyone’s hard work - i wouldn’t be here without you. Thank you POINTS FOR DEFENDANT 1. Fundamentally the driver never parked as such. He only paused momentarily with the engine still running, in bad weather trying to read a sign. 2. I was not the driver, only the registered keeper of the vehicle. VCS are pursuing the wrong person. I, as the keeper am not liable, as the event happened on non relevant land. So the Protection of Freedom Act does not apply as VCS can only pursue the driver. They can not pursue me. 3. I was unaware of the initial claim due to the fact I travelled home to Zimbabwe, and even when VCS had been informed of my absence and given my email and physical address in Zimbabwe, persisted to send further notifications to an address I had vacated. 4. It is therefore unfair that VCS are adding penalties and costs through their own errors – these important timings are clearly laid out in my witness statement 5. I don’t feel VCS have a good legal claim and their efforts are more about intimidation of defenceless individuals in order to generate funds. I feel this is grossly unfair. 6. This whole procedure has put me through immense stress, firstly ignoring my emails, and secondly forcing me to apply to the Court to get a Set Aside and now defending myself in the Small Claims Court. 7. I am appealing as a law abiding citizen that fairness prevails over this unnecessary effort to intimidate me and force me to pay. 8. VCS in their very own words are trying to profit as stated in their Witness Statement Point 20 Item No. 3 – “to provide an income stream to enable the claimant to meet the costs of operating the scheme and make a profit from its services, without which those services would not be available”.
  4. Oh really that’s quite daunting - shall i attempt to write something and run it passed u all?
  5. Here is the court order. I also received a copy of Wali’s Witness Statement sent to the court on 8.4.22. The bundle was sent in two parts Part A and Part B Part A consisted of: page 1. Claim form page 2. Hearing Applicstion dates 7 Oct 2021 page 3. Hearing Application page 2 page 4. N244 page 1 page 5. N244 page 2 page 6. N244 page 3 page 7. Draft Order page 8. Proposed Defence page 9. Charge Notice page 10. Defendant Passport page 11. Defendants Aurginy Flight on 7.10.20 page 12. Defendants Aurginy Flight page 2 page 13. Randox PCR release date 6 July 21 page 14. Defendants Statement of Truth page 15. Applicant’s address to which docs should be sent: Bristol address dated 15.9.21 page 16. Witness statement VCS (unchanged) to page 29. Part B. All the photographs and maps of Bristol Airport - exactly the same as was sent before CourtOrder.040422.pdf
  6. Typing from the car - just had notice that my hearing has been changed to a Video Hearing - so now just need a good wifi connection. Easy!
  7. I wish i had longer to go through and make sure all the changes are absolutely correct and then stress again what Lookinforinfo said but i have made the changes from FTMDave and now need to scan document and send. We r meant to be leaving in 30 mins for the mountains and won’t be back until thursday. Will be in touch then. Thank you again everyone for all the assistance and i think at the end of it we have done a brilliant job - the best we could - and that has to be good enough. Blessings to one and all Over and out for now.
  8. Ok my sons girlfriend phoned the court and she got one response and i skyped the court and got another. Basically VCS have paid the court fee mid March. So we r all go. The lady i spoke to believed at the court said as long as i gave the international dialling code BTMeet Me should have no issue. However my son’s gfriend said her operator thought it could potentially be an issue and suggested we got it in writing from the court - we should not just take anyone’s word for it. Good advice. Waiting now for FTMDave to give the fjnal green light.
  9. Brassnecked thank you for that - i will move all mention of my husband in the WS, except in the evidence as it proves he had a pcr test that day. I await any further tweaks when FTMDave has a look. Cheers
  10. FTM Dave i am so use to you literally writing the points out - idiot proof - so i am not sure in this edit whether i have understood exactly where to put LFI’s additions. (which i am grateful for!) I might have one more chance of an edit before 12 noon but i have to go somewhere to scan the whole document which takes time. Or do u think i could just email doc as attachment and scan the signed page only? Would save me time, because every time we edit it moves the page nos etc. If u do edit again, FTMDave could u make it idiot proof Hopefully we r nearly there Zimbird revised WS.pdf
  11. Ok perfect - i am actually going to try and call the court from Zimbabwe. Will try on skype first and then normal land line - it appears too complicated to get someone else to do it. Family are not as helpful as u lot! They think i should have paid a long time ago and be done with the stress. Anyway it is not only about me any more - they don’t get it! Will let u know how i get on tomorrow - thanks FTMDave for being there.
  12. I have organised for a friend to call the Court tomorrow morning. I have the letter to the judge ready to be scanned with the evidence attached to the letter ie. 2 x emails to the court and my flight printed plus with it’s cost. I will send off the WS first thing in one email to the court and then get all the evidence scanned in a second email and make sure they go first thing tomorrow. Don’t think u need to see the final WS as have just added reference to evidence everywhere necessary and added that one word “grace” into the relevant para. So all set unless u think of anything else that needs to change. So very grateful to all of you - donation coming whether I win or lose. Can’t express how incredible this platform is and how much help it gives. Fingers crossed and a bit of luck
  13. Part of my evidence is my husbands NHS negative covid test on the same day as his Charge Notice. So it has his name on the evidence - i am happy to keep in his name.
  14. Did i make the mistake of doing a long pdf file name again? Oh dear u will be glad to see the back of me!
  15. Ok here is revised WS - still have time to revise some more - so no probs! VCS vs xxxxxxx. 1.4.22 CAG docx copy.pdf
  16. Just waiting for my revisions to download and so i can upload my revised WS. Internet has just decided to be really slow here! Painful. My latest thoughts are not to come to back to England for the court case - even though my BA flight return date is 19 April - i will have to change that as my kids have just arrived here for Easter and will be staying until May. Should i try and find someone to represent me in the UK and be on the BT Meet Me Call? If i lose i am ok with that also, and i will pay immediately - anything to avoid another CCJ. It has been a lot of work, this journey, but i am pleased i have gone all the way and taken a shot at winning. Standing up for what’s right is very empowering! ps. Please stand by for my WS - all the numbers have been changed a bit so i hope u can make sense of the revisions - and i hope i haven’t got too confused - i have had a lot of interruptions whilst doing this - my daughter missed her train and it was touch and go whether she got on her flight to Zim! All is well thankfully.
  17. Maybe what happened is it didn’t save all my changes - block outs - i literally went through every page and blocked all my names and registrations - in the photos too and then tried to save it before posting. I am on my phone as my computer went for repair - so all a bit complicated and i recon the changes just didn’t save! Going to get on with the WS now as I don’t really know how to separate all Walis pdf’s - part B - so could only upload them all together and it takes ages going through and blocking!
  18. Oh no it took me ages to do that - the only car registrations that i didn’t cover up were blurred anyway
  19. I have decided i could not go away without submitting my WS. Therefore i have put my trip off to Monday lunch time. My deadline to send to the court is Monday morning as i won’t be back till Thursday evening. working on all FTMDave’s changes now. Wow u guys are amazing - feeling much more confident now! We have got this! I found the original Charge Notice in Wali’s exhibit B with all the pictures of the signs - just trying to upload and finding a way to block out all info first - bear with me
  20. Ok here is my draft WS - i probably have copied too much from the WS you told me would assist me - but i was a bit out of my depth regarding what was relevant to me or not. Apologies it took me all day yesterday and I did not find it easy. The only concern i have it does not answer all Wali’s points in his WS but i thought u could now all assist me if i give u a draft to work with. VCS vs me.pdf
  21. Thank you brassnecked for sorting - will try and get it renamed next time and use the upload guide. Just to let u sll know both emails went off this afternoon as recommended. I am getting quite concerned as the time approaches April 22nd - i will try and find someone in Uk to phone the court for me next week and get the info regarding BT Meet Me. I wonder how i will know if the claimant has paid the court fee? but it says “or file a completed application” (which he has done - ages ago and i posted the many pages) - so maybe the court fee is irrelevant? Do u think i will need to prepare a defence and submit it - this is terrifying me to be honest! I don’t know where to begin. Do u think it is worth it? I am so tempted to be done with all of this! I know u would all prefer me to be terrified than pay- so i will go with what u all decide as respect for all the help u have given me - but just to let u know i am way out of my comfort zone. When do u think i will need to start preparing my defence? I am meant to be going away 2nd-6th and 12-16th April. It says i have to deliver documents including experts reports on which i intend to rely at the hearing no later than 14 days before the hearing. That is 8th April - so 2 days after i get back. Looking almost impossible. Please give me your thoughts on my next steps. Thanks
  22. I am sorry i had to pay for an img to be converted and that is the file name that it came with and i am not very familiar with how to change it. I was not aware it would be an issue. All this seems to take me a long time to figure out - i find uploading difficult!
×
×
  • Create New...